part ii conduct of business in the council and committees

Conduct of business in the Council and committees (Chapter 13 to Chapter 14)
Part II
Part III
Partnership with people
Printed by The Legislative Council Commission and laid on the Table of the Legislative Council on 29 June 2016
Table of Contents _____________________________________________________________________________________
Part II Conduct of business in the Council and committees
Chapter 11
Legislative process
Introductory 11-1 Legislative Council's power and function to make and
amend laws 11-1
Bills 11-3 Classification of bills Public and private bills Government bills and Members' bills under the
Basic Law
Form of Bills Title of a bill Long title Enacting formula and preamble Short title and commencement date Language Structure of a bill Explanatory memorandum Saving provision for "private bills" Subsidiary legislation and subordinate legislation 11-12 Publication and numbering of subsidiary legislation Commencement notice Pre-legislative scrutiny 11-15 Compliance with Article 74 of the Basic Law 11-17 Purpose of Article 74 of the Basic Law Interpretation of specific terms in Article 74
"Relate to"
"Public expenditure"
"Government policies"
"Political structure" Legislative procedures 11-26 Gazettal and presentation of bills Government bills Members' bills Member or public officer in charge of a bill Bills with substantially the same provisions Three-reading process First Reading Second Reading Referral to House Committee Forming of a Bills Committee Queuing system for Bills Committees
(Cont'd)
Consideration of a bill by a Bills Committee Notice for resumption of the second reading
debate on a bill
Resumption of the second reading debate on a bill
Committee Stage - committal of bills to a committee of the whole Council or to a select committee
Proceedings of a committee of the whole Council
Report of the bill to the Council Recommittal of a bill Third reading Amendments to bills 11-47 Notice of amendments to bills Form of amendments to bills Restrictions Relevance to the bill and to the clause Consistency with the clause agreed to and
previous decision of the committee
Amendment making a clause unintelligible Amendment considered by the Chairman
frivolous or meaningless
Language of amendments Amendment dependent on another amendment Amendment with charging effect Withdrawal or postponement of bills 11-57 Signing of the bill by the Chief Executive and
Promulgation 11-59
Subsidiary legislation 11-59 Nature of subsidiary legislation Consultation with Panels Consideration by the House Committee Proceedings in the Council for consideration of
subsidiary legislation
Withdrawal of subsidiary legislation Matters to be recorded in the minutes of proceedings 11-64 Chapter 12
Financial Procedure
Introductory 12-1 The financial procedure 12-2 The respective roles of the government and the
legislature under the Basic Law
appropriations
Revenue proposals Charges upon public revenue or upon public funds Control of finances Controlling Officers General Revenue Account Funds Fiscal reserves The Budget Cycle and related financial procedures 12-13 Resource Allocation Exercise Consultation on the budget Introduction of the Appropriation Bill to the
Legislative Council
Contents of an Appropriation Bill Approval for presentation to the Legislative
Council
Historical background on the tabling of the Estimates of Expenditure
Schedule of Budget meetings Examination of the Estimates by the Finance
Committee
Written questions prior to special meetings Schedule of special meetings Debate on the second reading of the Appropriation
Bill
Procedure in the committee of the whole Council Amendment to heads of expenditure in the
Estimates
Contents of debates at Committee Stage Third reading of the Appropriation Bill Procedure relating to refusal to pass the budget 12-26 Vote on Account Resolution 12-26 Procedure relating to changes to the approved estimates 12-28 Role of the Finance Committee Finance Committee Agenda Items Motions to impose conditions, exceptions or
limitations
Role of subcommittees of the Finance Committee Establishment Subcommittee Public Works Subcommittee Capital Works Reserve Fund 12-34
Capital Works Programme Public Works Programme Block allocations Consultation on public works projects Procedure for the re-submission of a rejected financial
proposal 12-38
Role of the Public Accounts Committee over the control of public funds
12-38
Annual accounts of the Government Serious irregularities Value-for-money audits Procedures of the Public Accounts Committee Pre-hearing arrangements Hearings The Committee's report Government Minutes Progress reports on subjects not selected for
detailed examination
Relationship between the Public Accounts Committee and the Director of Audit
Chapter 13
Conduct of business in committees
Introductory 13-1 Powers and functions of committees 13-2 Nature of the practice and procedure of committees 13-4 Finance Committee Public Accounts Committee Committee on Members' Interests Select committees House Committee, Bill Committees and Panels Committee on Rules of Procedure Investigation Committee Committee on Access to the Legislature's
Documents and Records
General practice and rules for committees 13-15 Formation of committees 13-16 Responsibilities and terms of reference of
committees
Membership of committees 13-19 Membership size President not to take part in the work of committees Appointment of committee members by the
President
Chapter 13 (Cont'd)
Election of members to committees Committee on Access to the Legislature's
Signification of membership Panels Subcommittees of the Finance Committee Bills Committees Subcommittees of the House Committee, Panels
and Bills Committees
Late membership Chairman and deputy chairman of a committee 13-30 Election procedure Chairman's role in determining the time and place of
meetings
Extension of meeting time Scheduling of meetings Meeting time of the Finance Committee Meeting time of the House Committee Written notice of meeting Chairman's role in deciding the agenda of a meeting Practice in the Finance Committee Chairman's role in maintaining order at meetings Chairman's power to curtail discussion on agenda
items
Voting rights of chairmen Provision of papers 13-43 Quorum of committees 13-44 Modes of deliberations 13-47 Motions Moving of motions at Panel meetings Rule 22(p) of the House Rules Rule 24A(e) and (f) of the House Rules Moving of motions at Finance Committee meetings Background Adoption of Rule 22(p) of the House Rules by
the Establishment Subcommittee
Adoption of the new Paragraph 37A by the Finance Committee
Moving of motions under Paragraph 37A of the Finance Committee Procedure
Number of motions that may be moved by each member
Imposition of a cut-off time for receiving motions moved under 37A
Chapter 13 (Cont'd)
Moves to amend Paragraph 37A and equivalent provisions in the Subcommittees' Procedures
Speaking on a motion moved under Paragraph 37A
Adjournment of proceedings Voting 13-62 Interpretation of "a majority of members voting" Ringing of voting bell at committee meetings Duty visits 13-65 Minutes of reports 13-66 Keeping of minutes Submission of reports Tabling of reports in the Council Submission of reports to the House Committee Mode of operation of committees subject to the House
Rules 13-70
Administration
Operating Expenses Reimbursement
Bills Committees Panels Joint Panel meetings Subcommittees of Panels Activation of the work of subcommittees
Chapter 14
Conduct of Inquiries
Introductory 14-1 Purposes of an inquiry 14-2 Historical background on the conduct of inquiries 14-3 Nature of inquiries Before July 1997 After the establishment of the HKSAR Preparatory work 14-6 Process in conducting an inquiry 14-7 Duration of inquiry Chairmanship Practice and Procedure Work plan Invitation for information and views from the public Scheduling of meetings
(Cont'd)
Quorum Voting Participation of other Members Disclosure of interests Conduct of meetings Public and closed hearings The issue of a summons Examination of witnesses Internal deliberations Handling of documents Minutes of proceedings Report on the inquiry
Premature publication of evidence
Safeguarding the rights of witnesses 14-21 Rights and privileges of a witness under the Powers
and Privileges Ordinance
Actions taken to protect the rights of witnesses in the course of an inquiry
Practice of ordering attendance by summons Measures taken to avoid possible prejudice to a person's
interest in pending legal proceedings
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Chapter 15 Redress System
Partnership with people 15-1 Legislative Council's power and function to handle
complaints from members of the public 15-2
Redress System 15-2 Historical background Before 1963 1963 – 1985 1986 – 1997 1997 – present Nature of cases handled under the Redress System Secretariat's support The Duty Roster Member System 15-9 The Ward System Meeting with deputations Procedure for handling complaints and representations 15-11 Handling complaints against Government decisions
or actions
Handling of representation of views on Government policies and issues of public concern
Handling of complaints relating to constituency and individuals' issues
Handling of complaints against Members of the Legislative Council
Role of the House Committee
15-15
representations by members of the public
Disorderly conduct of members of the public attending meetings
Corporate liaison with local community Enhancing the transparency of the Legislature 16-6 Observance of the proceedings of the Council and
committees
Facilitating the reporting on the work of the Council by the media
Broadcasting of proceedings Dissemination of information
Chapter 16 (Cont'd)
On the website On webcast Through social media Building institutional memory to facilitate understanding
and growth 16-11
Legislative Council
Archives' services Access to information policy 16-18 Review conducted by The Legislative Council
Commission
Recommendations of the Committee on Rules of Procedure
Resolution of the Council on access to information Committee on Access to the Legislature's
Clerk to the Legislative Council's responsibilities
Sustainable development of the Legislature 16-22 Guided educational tours and education facilities Facilities for persons with disabilities
x
List of Appendices 11-A President's ruling on the amendments to the Sex Discrimination Ordinance
(67 of 1995) (Commencement) Notice 1996, The Disability Discrimination Ordinance (86 of 1995) (Commencement) Notice 1996; and The District Court Equal Opportunities Rules proposed by Hon LEE Cheuk-yan
11-B President's ruling on the Labour Relations (Right to Representation,
Consultation and Collective Bargaining) Bill proposed by the Hon LEE Cheuk-yan
11-C President's ruling on the Employment (Amendment) Bill 1999 proposed by
Hon Andrew CHENG Kar-foo 11-D Form No. CB(3)-12 for giving notice of presentation of Bill 11-E Three-reading process of a bill 11-F President's ruling on Committee Stage Amendments proposed by Members to
the Building Management (Amendment) Bill 2000 11-G President’s ruling on Committee stage amendments proposed by six Members
to the Appropriation Bill 2013 11-H President’s ruling on Committee stage amendments proposed by 14 Members
to the Appropriation Bill 2014 11-I President’s ruling on Committee stage amendments proposed by 17 Members
to the Appropriation Bill 2015 12-A Paragraphs 49 to 53 of the Finance Committee Procedure - Procedure of
Special Meetings to Examine the Estimates of Expenditure 13-A Summary of key features of the committees of the Legislative Council 13-B Procedure of the Committee on Members' Interests for Handling Complaints 13-C Practice and Procedure of the Select Committee to Study Mr LEUNG Chun-
ying's Involvement as a Member of the Jury in the West Kowloon Reclamation Concept Plan Competition and Related Issues
13-D Practice and Procedure of the Select Committee to Inquire into Matters
Relating to Mr Timothy TONG's Duty Visits, Entertainment, and Bestowing and Receipt of Gifts during his Tenure as Commissioner of the Independent Commission Against Corruption
13-E Practice and Procedure of the Investigation Committee established under Rule
49B(2A) of the Rules of Procedure in respect of the motion to censure Honourable KAM Nai-wai
xi
List of Appendices (Cont'd) 13-F Procedure for Election of the Chairman and Deputy Chairman of a
Committee 13-G Note from the then Secretary General to the Chairman of Finance Committee
dated 14 January 2010 giving advice on some procedural arrangements for Finance Committee meetings
13-H Ruling of the Chairman of the Finance Committee on the decision to stop
dealing with proposed motions presented by members to the Chairman under paragraph 37A of the Finance Committee Procedure
13-I Summary of Judgment of Hon Mr Justice AU on Application for Leave for
Judicial Review made by Hon WONG Yuk-man (HCAL 78/2014), prepared by the Legal Service Division of the Legislative Council Secretariat
13-J Rule 40 of the Rules of Procedure and Paragraph 39 of the Finance
Committee Procedure 13-K Mechanism for handling Members' visits conducted under the name of the
Council or its committees outside Hong Kong in response to invitations 13-L Terms of Reference of the Panels 14-A Rule 79 of the Rules of Procedure - Procedure of Select Committees 14-B Resolution under Legislative Council (Powers and Privileges) Ordinances
passed on 25 May 1994 and amended on 20 November 1996 and further amended on 16 April 1997
14-C Practice and Procedure of the Select Committee to Inquire into Matters
relating to the Post-service Work of Mr LEUNG Chin-man 14-D Revised work plan and time frame of the Select Committee on Building
Problems of Public Housing 14-E A sample of summons 14-F Allowance for witnesses attending before a committee to give evidence or to
produce any document 14-G A sample of the procedure adopted by the Select Committee on Building
Problems of Public Housing Units for the provision of transcripts of evidence to witnesses and prospective witnesses
15-A How is a complaint handled? 15-B Legislative Council Redress System – Complaint Form
Persons (Cap. 382A) 16-B Guidelines and Arrangements for Media Representatives in the Legislative
Council Complex 16-C A resolution passed by the Council on 8 January 2014 on a report
summarizing the deliberations of the Commission on the proposal to launch LegCo Apps and to use social media to disseminate information of the Legislative Council and the related legal issues
16-D Archives and Records Management Policy of the Legislative Council 16-E Rules on Use of Services of the Legislative Council Archives 16-F A list of exempted categories of documents and records proposed by the
Committee on Access to the Legislature's Documents and Records 16-G Access to information policy 16-H Practice and Procedure of the Committee on Access to the Legislature's
Documents and Records 16-I Policy on Access to the Legislature’s Documents and Records References General Index Index of Reference to the Basic Law of the HKSAR Index of Reference to the Rules of Procedure of the Legislative Council of the HKSAR Index of Reference to the House Rules of the Legislative Council of the HKSAR
13. Conduct of business in committees ______________________________________________________________
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Conduct of business in committees
13.1 The Legislature of Hong Kong has a unique committee system. As explained in Chapter 6 1, when Members-elect of the First Legislative Council considered the draft Rules of Procedure in June 1998, they made a conscious decision to retain the historical Westminster type of committees as well as the OMELCO committees (which were made committees of the Council in 1992 and 1993) in the Rules of Procedure of the HKSAR Legislature. The modes of operation of these two groups of committees were originally quite different but they have evolved over the years to become more integrated with each other. This Chapter explains the functions of committees and how they conduct their business within the Council. The roles of committees in assisting the Council in performing its constitutional functions have been briefly described in Chapter 6 and also in other chapters when the relevant committees are referred to. This Chapter focuses on the details of their operations, i.e. how meetings of committees are held, how parliamentary rules and practices apply to the way they determine their agendas and consider the matters before them, and how they work with one another to avoid duplication of work. To enable readers to understand how some of the new practices have come into place, background information on their development is also provided. 13.2 The practices and rules explained in this Chapter do not apply to the committee of the whole Council, details of which have already been described in Chapter 11 (Legislative Process). The rules which apply to all other committees of the Council can be found in the Rules of Procedure, House Rules and the procedures adopted by individual committees pursuant to the power given to them in the Rules of Procedure. To offer readers a more comprehensive account of the rules which apply to the day-to-day operations of committees, this Chapter also provides an overview of the procedural framework which governs the operations as well as the similarities and differences in their practices. To facilitate easy reference, a summary of the key features of the committees, such as their functions, memberships, quorum requirements, meeting arrangements and voting rights of the respective chairmen of committees, is provided in Appendix 13-A.
1 Chapter 6, para. 6.1 and 6.15.
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Powers and functions of committees 13.3 It is a common practice and more efficient for the functioning of a deliberative assembly that work is done in small groups that would otherwise be difficult to accomplish in the full assembly. 2 The responsibilities of the committees of a legislative body are primarily to scrutinize the legislative proposals put before the legislature, monitor the activities of the government, examine issues of public concern, and review past and future expenditure. Committees provide a more informal setting which enables Members to exchange views among themselves and with others concerned, such as the government and interested parties. They also provide a direct channel of communication with the public so as to draw to their attention any new policies or legislation which may have an impact on stakeholders and the public at large. 13.4 Committees in the Hong Kong Legislature had existed in the pre-1997 Legislature for over a century before the same committee system was adopted by the First Legislative Council in its Rules of Procedure in July 1998. Whilst Article 73 of the Basic Law stipulates the powers and functions of the Legislative Council, it makes no mention of whether those powers and functions may be performed by its committees. Article 75 nevertheless empowers the Legislative Council to make its rules of procedure on its own provided such rules do not contravene the Basic Law. The question whether the powers and functions of the Legislative Council may be exercised by its committees came before the High Court in 2009 in the case of CHENG Kar Shun and Another v LI Fung Ying and Others 3 ("CHENG Kar Shun case") in relation to committees' power to summon persons to give evidence. 13.5 In its judgment in the CHENG Kar Shun case, the Court stated,
"Again, it must be emphasised that the Basic Law does not create a new legislature out of a vacuum. The committee system has been around for a long time and was still under development in 1990 when the Basic Law was promulgated. The Basic Law expressly leaves it to the new Legislative Council to make its own Rules of Procedure. Both as a matter of history and development as well as a matter of the nature of the substantive powers and functions to be performed, that at least some of the powers and functions described in article 73(1) to (9) may be exercised at committee level must have been something fully envisaged by the drafters of the Basic Law." 4
2 See for example, House of Commons Procedure and Practice (Canada), 2nd Edition, pp. 950 – 951. 3 [2011] 2 HKLRD 555. 4 Judgment in CHENG Kar Shun case, para. 123.
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and "Finally, how the powers and functions are to be exercised may be governed by legislation, whether passed before or after 1997, so long as it is compatible with the provisions in the Basic Law. Subject to its compatibility with the Basic Law, the Ordinance [the Legislative Council (Powers and Privileges) Ordinance] is such a piece of legislation." 5
13.6 As regards the power of the Legislative Council to delegate its power and function to summon witnesses under Article 73(10) of the Basic Law, the Court, in the light of the affidavit given by the Clerk to the Legislative Council and having considered the submission made on behalf of the Secretary for Justice 6, stated,
"… like many overseas jurisdictions, both the legislature and the Government in Hong Kong have regarded the power to summon witnesses to appear before the Legislative Council's committees as essential for the proper performance of the constitutional role of the Legislative Council, and ultimately for the good governance of Hong Kong in the 21st century 7…. [It] must be remembered that a select committee is formed by the full body of the Legislative Council in the first place. Whether it is appropriate to give the committee the power to summon witnesses is again a matter to be resolved by the Legislative Council sitting as a full body.… [T]he work of the select committee including how it exercises its power to summon witnesses, is always under the supervision of the full body of the Legislative Council.8"
and concluded that 9, "On its proper interpretation, article 73(10) provides for the exercise by the Legislative Council, whether sitting as a full body, or, functioning through a select committee in accordance with its Rules of Procedure, the power to summon, as required when exercising the powers and functions set out in article 73(1) to (9), persons concerned to testify or to give evidence before the full body, or (as the case may be) the committee, of the Legislative Council."
5 Judgment in CHENG Kar Shun case, para. 130. 6 Judgment in CHENG Kar Shun case, para. 191 – 193. 7 Judgment in CHENG Kar Shun case, para. 194. 8 Judgment in CHENG Kar Shun case, para. 198. 9 Judgment in CHENG Kar Shun case, para. 200.
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13.7 In the legislation of Hong Kong, references to the committees of the Legislative Council can be found in various Ordinances which existed before 1997 and have continued to be in force in the HKSAR. These Ordinances include the Public Finance Ordinance (Cap. 2) 10 , Audit Ordinance (Cap. 122) 11, Legislative Council (Powers and Privileges) Ordinance (Cap. 382) 12, Administrative Instructions for Regulating Admittance and Conduct of Persons (Cap. 382A) 13, etc. Details about the committees' exercise of the power to summon witnesses are given in Chapter2 14 and further explained in Chapter 14. Nature of the practice and procedure of committees 13.8 The historical background of the development of the committee system of the Hong Kong Legislature has been provided in Chapter 6. 15 The various types of committees in place in the HKSAR Legislature include standing committees and select committees which had long existed in the Hong Kong Legislature, and the House Committee, Panels and Bills Committees which were originally committees under the OMELCO structure, as well as the Committee on Rules of Procedure, Investigation Committee and the Committee on Access to the Legislature's Documents and Records which only came into existence after the establishment of the HKSAR in 1997.16 As mentioned in paragraph 13.1, for historical reasons these committees have their own practice and procedure. It is therefore useful to understand how their practices and procedures have developed over the years to allow clearer delineation of responsibilities and more uniformity in the way they carry out their functions. 13.9 Standing committees are permanent in nature and they are charged with specific functions. There are three standing committees in the Legislative Council: Finance Committee, Public Accounts Committee and Committee on Members' Interests. Select committees, which may also be charged with a specific responsibility, such as the study of a bill or the inquiry of a matter referred by the Council, are ad hoc in nature and the committees are dissolved
10 Section 8 and others of the Public Finance Ordinance (Cap. 2). 11 Section 12 (2A) of the Audit Ordinance (Cap. 122). 12 Section 2 and others of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382). 13 Section 1 and others of the Administrative Instructions for Regulating Admittance and Conduct of Persons
(Cap. 382A). 14 Chapter 2, para. 2.24 – 2.27. 15 Chapter 6, para. 6.3 – 6.16. 16 Chapter 6, para. 6.17 – 6.18.
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upon the completion of their work. Standing committees were first mentioned in the 1884 Standing Orders while select committees were included in the Standing Orders in 1929 to replace the original special committees. By virtue of their being the committees of a colonial legislature, the standing committees and select committees (when appointed) also enjoyed the powers and privileges given to the legislature for the performance of its functions prescribed in the Letters Patent and the Royal Instructions. The general provisions in the pre-1997 Standing Orders relating to committees were also intended to apply to these committees. These general provisions were those included in Part H (Rules of Debate) 17 and Part I (Rules of Order) 18 of the Standing Orders. However, as the provisions in these two Parts of the Standing Orders were primarily provided for conducting business in the Council and committee of the whole Council, it was for the committees to decide how these provisions should be adapted to suit the needs of their day- to-day operation. However, in the case of select committees, since bills could be committed to them for clause-by-clause study in the same way as to a committee of the whole Council, details of how a select committee should conduct its proceedings had been provided for in the Standing Orders from 1929 onwards. Finance Committee 13.10 The Finance Committee was established as early as July 1872 although its name only appeared in the 1884 version of the pre-1997 Legislature's Standing Orders. The procedures provided in the then Standing Orders for the Finance Committee were very brief. It was in the 1968 Standing Orders that detailed procedures were provided for the Finance Committee, which was at that time the only standing committee of the Council 19. The Finance Committee sat in private except for the examination of the Estimates when the public officers responsible for the services provided under any head of the Estimates were called to give evidence. In February 1985, the Council amended its Standing Orders to provide that the sittings of the Finance Committee should be open to the public unless decided otherwise by the Committee.
17 Standing Order 32A of the pre-1997 Legislature provided that the rules in Part H shall apply to the
proceedings in a standing or select committee unless the chairman of the committee ordered otherwise. 18 Standing Orders 33 and 34 of the pre-1997 Legislature also applied to any standing or select committee. 19 Although the Finance Committee was regarded as "a committee of the Council" in Standing Order
No. 60(1), clarification was made by the Chief Secretary at the Council sitting on 18 July 1984 that amendment was proposed to the Standing Order to make it clear that the Finance Committee was a standing committee of the Council.
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13.11 In April 1994, with the setting up of the independent Legislative Council Secretariat, it was decided that the chairmanship and clerkship of the Finance Committee 20 should be taken up by the Members and staff of the Legislative Council. This was also in anticipation of the change in the membership of the Council in October 1995 when the Chief Secretary, who was then chairman of the Finance Committee, and the Financial Secretary would no longer be Members of the Council. The Council passed a resolution on 6 July 1994 to amend the Standing Orders to enable the chairman and deputy chairman of the Finance Committee to be elected by and from amongst its members, other than the ex-officio Members of the Council. On 8 July 1994, the Finance Committee approved its own procedures which took effect on 1 October 1994. The election of the first non-Government chairman and deputy chairman of the Finance Committee took place on 3 October 1994. 13.12 In addition to the adoption of the Finance Committee Procedure, the Finance Committee also determined the Procedures of its two Subcommittees, namely the Public Works Subcommittee and the Establishment Subcommittee on 11 March 1994 and 13 May 1994 respectively. The three sets of Procedures at that time were largely based on the practice guides issued to Members and Government officers when the Chief Secretary was the chairman of the Finance Committee. 13.13 The mode of deliberation in the Finance Committee had been by convention a question-and-answer type of communication between Members and Government officers over the financial proposals submitted to the Committee for its approval. Whilst the Finance Committee Procedure had set out formal provisions for the committee to follow, the need for resorting to them in the committee's normal operation had been rare. However, with the greater participation of Members in the discussion of financial proposals, especially after October 1994, more procedural issues, such as adjournment of discussion, time of speaking, etc. which normally arose in the course of debates on motions, began to emerge and were dealt with by the chairman of the Finance Committee in the course of proceedings in the same way as the President dealt with similar procedural issues in the Council. Where a situation was not provided for in the Standing Orders or Rules of Procedure and no reference could be made to the rulings of the President, general parliamentary principles would be followed.
20 The Finance Committee, which is one of the standing committees with the power to summon witnesses,
performs such functions conferred upon it by the Public Finance Ordinance (Cap. 2), any other laws and the Rules of Procedure and resolutions of the Council. Its functions include the examination of the Estimates and approving changes to the approved Estimates.
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13.14 The Finance Committee remains a standing committee in the Rules of Procedure endorsed by the First Legislative Council of the HKSAR. Its responsibility, as prescribed in Rule 71(4) of the Rules of Procedure, is to perform such functions as are conferred upon it by the Public Finance Ordinance (Cap. 2), any other law and the Rules of Procedure and such other functions as may be referred to the committee by resolution of the Council. On 10 July 1998, the Finance Committee approved its Procedure which was modeled on the 1 October 1994 version used in the pre-1997 Legislature. In Paragraph 1 of the Procedure, it is highlighted that its functions include the examination of the Estimates of Expenditure in accordance with the Rules of Procedure 21 and the approving of proposals to change the approved Estimates in accordance with Cap. 2. 22 Changes to the Procedures were made from time to time where needed. 13.15 In 2007, it was found necessary to conduct a review of the procedures of the Finance Committee and its Subcommittees to make them more suited to current needs and more consistent with the practices of other committees. Further details about these changes are provided in the latter part of this Chapter 23 . In reviewing the procedures, the practice has been that the chairmen and deputy chairmen of the Finance Committee and the two Subcommittees sit as a task group to study the rules with the help of the relevant clerks. Where amendments to the Rules of Procedure are required, the proposed changes would be forwarded to the Committee on Rules of Procedure for consultation before the task group consults members of the Finance Committee and the Government, if appropriate. After consultation, a proposal which is presented as an agenda item is placed on the agenda of the Finance Committee after all Government items. In accordance with the Rules of Procedure, the practice and procedure of the subcommittees of the Finance Committee are determined by the Committee. 24 Public Accounts Committee 13.16 The Public Accounts Committee is also a standing committee of the Council. Its main function is to consider reports of the Director of Audit on the accounts of the Government. 25 It does not have a separate set of procedures other than that provided in Rule 72 of the Rules of Procedure
21 Rules 67 and 71(11) of the Rules of Procedure. 22 Section 8(1) of the Public Finance Ordinance (Cap. 2). 23 Paragraph 13.126. 24 Rule 71(13) of the Rules of Procedure. 25 Rule 72(1)(a) of the Rules of Procedure. Also see Chapter 12, para. 12.94 – 12.111.
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which is also modeled on the relevant Standing Order governing the operation of the Committee in the pre-1997 Legislature. The Public Accounts Committee was first established in 1978. When the Chief Secretary moved in the Council on 10 May 1978 to add a new provision in the Standing Orders for establishing this Committee, he explained the procedural steps expected to take place between the Committee and the Director of Audit after the Director's report on the Government's annual accounts was available and how the Government should take into account the Committee's comments and recommendations. He also highlighted the responsibility of each Head of Department to attend before the Committee in person and be responsible for the evidence given to the Committee. At that time, the meetings of the Committee to receive evidence were held in private. These procedural steps were followed and recorded in each of the reports of the Committee under the heading "Procedure". 13.17 In July 1984, on the initiative of Unofficial Members, the procedure of the Public Accounts Committee was amended to cater for the admission of members of the public and of the press at meetings attended by persons called by the Committee to give evidence. The Committee was also required to table its report within three months of the laying of the Director's report. This latter provision was enshrined in legislation (section 12(2A) of the Audit (Amendment) Bill), also on the initiative of Unofficial Members. In the 1985- 86 session, the Committee also began to take evidence from persons outside the civil service and the subvented sector, and the Committee was no longer constrained to make recommendations on a case solely on the basis of the Director of Audit's presentation. 26 In July 1987, the Standing Orders were revised to expand the scope of the work of the Public Accounts Committee to cover value for money audits. In July 1992, when the House Committee was set up under the Council, it was empowered to determine an election procedure for electing Members for appointment by the President as chairman, deputy chairman and members of the Public Accounts Committee. All these changes were reflected in the Standing Orders while the procedural steps were recorded in the reports of the Public Accounts Committee. These arrangements continue to be followed. 13.18 The Public Accounts Committee has adopted some practices and procedures to cater for special circumstances. On each occasion, the Committee deliberated and decided on the practice and/or procedure and recorded it in its report. An example is the practice to declare direct and
26 Report No. 8 of the Public Accounts Committee published in January 1986.
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indirect interests, be they pecuniary or otherwise, before deciding whether a member should be able to chair or participate in the obtaining and examination of evidence. 27 On 14 May 2003, when the Public Accounts Committee held a public hearing on the Director of Audit's Report No. 40 concerning the staff remuneration packages and stipends of the University Grants Committee-funded institutions, the chairman and 3 other members declared personal interests in two chapters of the Report. In order to avoid any conflict of interest and in order that the impartiality and integrity of the Committee could be maintained, the Committee agreed that the four members be exempted from the examination of the relevant chapters and would not participate in the public hearing, nor in the discussion and compilation of the Committee’s report on these chapters. 13.19 Another example is the method of investigating premature disclosure of evidence and discussion of evidence held in private. Following an investigation conducted by the Public Accounts Committee on press reports which speculated on the results of the Committee's internal deliberation in relation to the Director of Audit's Report No. 45 on the development of a site at Sai Wan Ho, the Committee considered it necessary to enhance its confidentiality undertaking mechanism. 28 From April 2006 onwards, all members of the Public Accounts Committee have been required to jointly sign a confidentiality undertaking upon appointment to the Committee. 29 Committee on Members' Interests 13.20 The Committee on Members' Interests was first established as a standing committee under the Standing Orders of the pre-1997 Legislature in 1991 as part of the mechanism for the registration and declaration of Members' interests 30 and adopted by the First Legislative Council in its Rules of Procedure in July 1998. Its main function, apart from examining the arrangements for the registration of Members' interests, is to consider any complaint made in relation to the registration and declaration of Members' interests and, following deliberation, to investigate such complaint. In July 2006, its terms of reference were expanded to cover consideration of any complaint made in relation to the conduct of Members in making claims for
27 Public Accounts Committee Report No. 59 – Chapter 4 of Part 7. 28 Legislative Council meeting on 15 February 2006, Speech of the Chairman of the Public Accounts
Committee, Page 4488. 29 The signing of confidential undertaking is also required by the Committee on Members' Interests (Part VI
of its Practice and Procedure at Appendix 13-B) and the Committee on Access to the Legislature's Documents and Records (para 23 of its Practice and Procedure at Appendix 16-H).
30 See Chapter 3, para. 3.59.
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reimbursement of operating expenses or applying for advance of operating funds. 31 The committee is also responsible for considering matters of ethics in relation to the conduct of Members in their capacity as a Member of the Legislative Council and to give advice and issue guidelines on such matters. 32 13.21 When the Committee on Members' Interests of the First Legislative Council was established, the Committee considered it necessary to draw up a detailed procedure for handling complaints and conducting investigation so as to ensure fairness to both the Members under complaint and the complainant to guard against abuse or favouritism by any dominant political party or grouping in the Committee when dealing with such complaints. A document entitled "The procedure of the Committee on Members' Interests for handling complaints received in relation to the registration and declaration of Members' interests" was endorsed by the Committee and issued to Members in August 1999. It has been updated and re-issued to all Members at the start of each term. In December 2014, the procedure was substantially revised and was re- titled "Procedure of the Committee on Members' Interests for Handling Complaints". The procedure is attached at Appendix 13-B. Select committees 13.22 Detailed procedures are provided for select committees in the Rules of Procedure on how they should conduct their business. As mentioned in Chapter 1 33, select committees existed even before 1858. Their main function originally was to study the details of a bill clause by clause and consider amendments to the bill (which was a common practice in other parliaments which followed the Westminster model) and their procedure in the Standing Orders was therefore similar to that of a committee of the whole Council. However, as it had become the practice of the Hong Kong Legislature to commit a bill to a committee of the whole Council for clause-by-clause consideration, the Standing Orders were substantially revised in 1968 to provide for, among other things, discontinuing the practice of referring the Draft Estimates of Revenue and Expenditure to a select committee but allowing a petition presented before the Legislative Council to be referred to a select committee if at least 10 Members 34 rose to support such a referral.
31 Rule 73(1)(a) of the Rules of Procedure; also see Chapter 3, para. 3.91 and Chapter 4, para. 4.79 – 4.80. 32 Rule 73(1)(d) of the Rules of Procedure. 33 Chapter 1, para. 1.57. 34 The number of Members required for referring a petition to a select committee was increased to
20 members in 1983 to reflect the expansion of the Council membership. The membership size of the Legislative Council in 1983 was 48 (up to a maximum of 58).
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Subsequently the main responsibility of a select committee became the study of matters referred to it by the Council or by the President in the form of an inquiry. The current procedure of select committees, as provided in Rules 60 to 62 (for the study of a bill) and Rule 79 (for general application) of the Rules of Procedure, is modeled on the relevant provisions in the Standing Orders of the pre-1997 Legislature. 13.23 For the conduct of inquires, a select committee, after being appointed, draws up its work plan having regard to its terms of reference as set out in the resolution passed by the Council setting up the committee. It is a common practice for a select committee to devise a set of written practice and procedures based on the relevant provisions in the Rules of Procedure and past operational experience of previous select committees. This is especially so in matters relating to the summoning of witnesses to give evidence to the select committee if that select committee is given the relevant special authorization to summon. Certainty, transparency and fairness as to how the select committee conducts its investigation should thereby be ensured. The select committee may in the course of its work supplement other procedural and operational arrangements provided that such arrangements are consistent with the Rules of Procedure and the principle of fairness upheld by committees conducting any inquiry. A sample of the practice and procedures developed by a select committee which is given authorization to summon is given in Appendix 13-C. Some select committees may not be given such authorization, such as some of those responsible for studying matters referred to them under Rule 20(6) of the Rules of Procedure (Presentation of Petitions). They also adopted similar practice and procedure to ensure certainty, transparency and fairness. A sample is given in Appendix 13-D. 13.24 The power of select committees to summon witnesses has been discussed in paragraphs 13.4 – 13.6 of this Chapter. Since the enactment of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) in 1985, special authorization from the Council for the exercise of such power by a committee is required. In other words, the appointment of a select committee by the Council does not necessarily mean that the select committee has the power to summon witnesses. The conferment of such power upon a select committee must be by a resolution of special authorization passed by the Council under section 9(2) of Cap. 382. Such authorization may be included in the same resolution for the appointment of the select committee or in a separate resolution to be put before the Council when such a need arises in the course of the work of the select committee. House Committee, Bills Committees and Panels 13.25 It has been explained in Chapter 6 that during the 20 years between
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early 1970s and early 1990s, in parallel with the standing committees and select committees, there existed quite a substantial number of committees operating under the then UMELCO 35 structure. These committees, including the LegCo In-house, Ad hoc Groups and Panels, subsequently became committees of the Council respectively in 1992 and 1993 36, to undertake the same responsibilities as they had been performing in the past two decades outside the boundary of the Standing Orders, namely:
(a) LegCo In-house became the House Committee to oversee the processing of bills and decide on any matters relating to the business of the Council;
(b) Ad hoc Groups became Bills Committees concentrating solely
on the scrutiny of bills; and (c) Panels, which had been standing groups to deal with subjects
of continuing importance such as civil service, public relations, housing, transport, education, security, health services, social services, etc. continued to be called Panels to monitor Government policies and examine issues of public concern.
13.26 These committees, which originally conducted their business in private and were outside the protection of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382), became "committees" within the meaning of the Ordinance and, if authorized by the Council, could exercise the power to summon witnesses to give evidence.37 To ensure minimum disruption to the work of these committees which had been operating effectively for many years, only those practices which were essential to their functioning such as membership, chairmanship, quorum, etc., were provided for in the Rules of Procedure, while many of the operational details were kept as house rules or provided for in other work manuals. 38
35 UMELCO stands for the Unofficial Members of the Executive and Legislative Councils. It was renamed as
OMELCO in 1985. 36 In 1991, an Ad Hoc Group was set up in OMELCO to conduct a comprehensive review of the committee
structure. Following the endorsement by the LegCo In-house of the recommendations of the Ad Hoc Group, the Council amended the Standing Orders in 8 July 1992 to provide for a new House Committee to take over the duties of the former OMELCO and LegCo In-House meetings, and bills committees to replace Ad Hoc Groups. On 19 February 1993, panels were also incorporated into the Council's formal committee structure.
37 Section 2 of Cap. 382 and Rule 80 of the Rules of Procedure. 38 Chapter 1, para. 1.48.
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13.27 House Committee, Bills Committees and Panels continue to be the backbone of the committee structure of the HKSAR Legislature. They continue to maintain the same interactive and informal mode of deliberations as in the past although more practices have been codified as rules in recent years either in the Rules of Procedure or in the House Rules to minimize inconsistent handling by different committees. The rules, procedures and practices of these committees are available in the Rules of Procedure 39 , House Rules and, in the case of Panel, Bills Committees and subcommittees of the House Committee on subsidiary legislation, also in the handbooks for chairmen of these committees which are available on the official website of the Legislative Council. More details about their operation are provided in paragraphs 13.161 – 13.187 of this Chapter. Committee on Rules of Procedure 13.28 The Committee on Rules of Procedure is one of the two committees included in the Rules of Procedure by the First Legislative Council. Its functions are to review the Rules of procedure of the Council and the committee system, and to propose to the Council such amendments or changes as are considered necessary. The Committee may examine matters of practice and procedure relating to the Council referred by the Council or its committees or the President, or raised by its own members.40 The functions undertaken by the Committee were previously undertaken by the Subcommittee on Procedural Matters under the House Committee before establishment of the HKSAR Legislature. During the term of the Provisional Legislative Council, a Committee on Rules of Procedure was set up to undertake, among other functions, the drafting of the Rules of Procedure for consideration by Members of the First Legislative Council in order that the new Council could function immediately upon assumption of office by Members. Like all other committees, the Committee on Rules of Procedure also determines its own practice and procedure, subject to the Rules of Procedure.41 It has adopted the mode of operation of the Subcommittee on Procedural Matters and has continued to meet in private.42 However, to make its operation transparent to other Members and the public, the Committee presents discussion papers to the House Committee (which conducts its meeting in public) before making its decisions and it presents progress reports to the Council at least once in every session.
39 Rules 75, 76 and 77 of the Rules of Procedure. 40 Rule 74(1) of the Rules of Procedure. 41 Rule 74(6) of the Rules of Procedure. 42 Rule 74(4) of the Rules of Procedure.
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13.29 Like other committees of the Council (except standing committees), the Committee on Rules of Procedure is required to seek special authorization of the Council in order to have the power to summon witnesses. The rules on the operation of committees in the House Rules do not apply to the Committee on Rules of Procedure but they may be referred to by the Committee in determining its own procedure, whilst key matters such as the Committee's terms of reference, method of appointment of members, quorum, etc. are set out in Rule 74 of the Rules of Procedure and are explained in the latter part of this Chapter.43 Investigation Committee 13.30 Provisions for the establishment of an Investigation Committee were included in the Rules of Procedure by the First Legislative Council on 28 April 1999 as part of the whole package of procedural arrangements for implementing Article 79(7) of the Basic Law, i.e. disqualifying a Member from office when he or she is censured for misbehaviour or breach of oath.44 The Investigation Committee is formed when a motion (signed by 4 Members) to censure a Member is moved. The Committee's responsibility is to establish the facts stated in the motion and give its views on whether or not the facts as established constitute grounds for the censure.45 The Committee is dissolved as soon as it has completed the investigation referred to it and has reported to the Council, but may be revived by resolution of the Council if necessary.46 The essential principles of how the Committee should conduct its investigation are laid down in Rule 73A of the Rules of Procedure. Subject to the Rules of Procedure, the Investigation Committee may determine its own practice and procedures. 13.31 In the case of the Investigation Committee established in the Fourth Legislative Council in 2008, before it began its substantive work a set of practice and procedure was first adopted as it considered that without any precedents to follow, it was necessary to formulate practical principles on the basis of the framework of procedural provisions of the Rules of Procedure. During the process of drawing up the practice and procedure, the Investigation Committee made reference to some generally applicable principles of natural justice as well as the procedures adopted by other committees in conducting
43 Para. 13.45, 13.50 – 13.51, 13.110. 44 Progress Report of the Committee on Rules of Procedure (July 1998 to April 1999), para. 2.39 – 2.66. 45 See Chapter 3, para. 3.119 – 3.120. 46 Rule 73A(12) of the Rules of Procedure.
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investigations. Amendments were made to the practice and procedure in the course of investigation in the light of experience and changes in circumstances, and these were explained in the Investigation Committee's report tabled in the Council on 28 March 2012. The practice and procedure adopted by the Investigation Committee established in 2008 is attached as a sample at Appendix 13-E. Committee on Access to the Legislature's Documents and Records 13.32 The Committee on Access to the Legislature's Documents and Records was added into the Rules of Procedure by the Fifth Legislative Council on 21 March 2014. 47 The functions of the Committee are to determine that a document or record of the Legislature (or its committee) should be made available for access earlier than the expiry of the closure period set out in the Policy on Access to the Legislature's Documents and Records (Schedule 2 to the Rules of Procedure), to set guidelines for implementing the access policy and to consider any objection against a denial of access by the Clerk under Rule 6(5A)(b) of the Rules of Procedure. More information about the way the Committee performs its functions is provided in Chapter 16. General practice and rules for committees 13.33 As mentioned in Chapter 1 48, the Rules of Procedure provide only a general framework for the operation of committees. Whilst specific rules have been made in the Rules of Procedure for individual committees, these rules are mostly related to their functions, membership, chairmanship, quorums and how the committees relate to one another and to the Council. For some committees in particular those that succeeded the former OMELCO committees, their mode of operation is generally guided by the House Rules. 13.34 The House Rules first came into existence in 1988 as a Members' Guide issued by the OMELCO Secretariat setting out how the committees functioned. On 6 July 1998, the House Committee of the First Legislative Council adopted the House Rules which have been applied to the operation of most of the committees of the Council to date. The arrangements set out in the House Rules have become the general practice for those committees and
47 Rule 74A of the Rules of Procedure. 48 Chapter 1, para 1.55.
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are often referred to by other committees when adopting their own practice and procedure. For example, in July 2002, the Finance Committee amended the Procedures of its two Subcommittees to make their arrangements for signification of membership consistent with the relevant rules in the House Rules.49 Formation of committees 13.35 Decisions of the Council are made at Council meetings but the preparatory and scrutiny work is often carried out by its committees. With the exception of the Finance Committee which has been given the power to approve changes to approved Estimates of Expenditure under the Public Finance Ordinance (Cap. 2), decisions made by committees are not binding on any Member, whether in Council, in a committee of the whole Council or in the House Committee. 50 From time to time, Members may consider it necessary to set up a new committee to undertake certain responsibilities or to study a particular matter in detail. If the committee is expected to meet on a regular and continuous basis to perform a specific function, the House Committee may refer the matter to the Committee on Rules of Procedure for a more in-depth study. Where the setting up of the committee requires amendments to the Rules of Procedure, a resolution of the Council is needed. 13.36 If the proposed committee is to be formed for a specific task and is to be dissolved after its work is completed, it is common practice to form a subcommittee under the House Committee or, if the task is related to a matter within the terms of reference of a Panel, to form a subcommittee under the relevant Panel. In the event that an inquiry is to be conducted into a policy matter or a matter of public concern, the inquiry may be undertaken by the relevant Panel or its subcommittee, or a subcommittee of the House Committee or, in most cases, a select committee. A resolution of the Council is required for the appointment of a select committee 51 and, if the power to summon witnesses is considered necessary, a special authorization of the Council for the committee to do so will be sought. 13.37 A committee set up for a particular task, such as a select committee or a Bills Committee, is required to report to the Council upon the completion of
49 See Finance Committee Paper FCR(02-03)36 at http://www.legco.gov.hk/yr01-02/english/fc/fc/papers/f02-36e.pdf. 50 Rules 76(10) and 77(13) of the Rules of Procedure. 51 Rule 78(1) of the Rules of Procedure.
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its work. In the case of Panels and the Committee on Rules of Procedure which meet on a regular and continuous basis, they report to the Council at the end of each session.52 53 Subcommittees are also required to report to the committees by which they have been appointed upon the completion of their work or, if their work cannot be completed within a session, at the end of the session. The discretion of whether the work of a subcommittee may continue in the following session rests with the committee which appointed the subcommittee. There is also a mechanism to limit the number of subcommittees (other than those to consider subsidiary legislation) that may be working at any one time. The mechanism is set out in Rule 26 of the House Rules (Activation and Operation of Subcommittees) and is explained in detail in the latter part of this Chapter.54 13.38 The House Committee plays an important role in providing a forum for Members to discuss whether a committee is to be appointed, its terms of reference, membership and whether the committee should be given the power to summon witnesses. The House Committee may appoint a subcommittee to discuss the details of the proposal and to consider whether the formation of a committee is the most appropriate course of action to deal with the matter concerned. Any Members who are interested in the subject may join the subcommittee. Where the Council's approval is required for appointing the committee, the subcommittee may also propose a draft of the resolution (which for practical purposes sets out the terms of reference of the committee) and propose the membership size of the new committee. 55 13.39 Notwithstanding a prior decision of the House Committee against supporting the appointment of a select committee, any Member may give notice to move a motion in the Council for appointing a select committee under the Council and, if needed, seeking the Council's authorization for the committee to summon witnesses to give evidence. In these cases, the normal rules governing the moving of motions under Part G (Motions) of the Rules of Procedure will apply.
52 The House Committee presents its reports to the Council on its consideration of subsidiary legislation and
other instruments at the Council meeting immediately before the expiry of the period for amendment of such subsidiary legislation and instruments. Rule 49D of the Rules of Procedure.
53 The Finance Committee presents its report to the Council after its examination of the Estimates referred to it by the President under Rule 71(11) of the Rules of Procedure.
54 Paragraphs 13.183 – 13.187. 55 An example is the recommendation of the Subcommittee to prepare for the operation of the select
committee on the petition presented at the Council meeting of 25 June 2014. See Report of the Subcommittee at http://www.legco.gov.hk/yr14-15/english/hc/papers/hc20141107cb1-181-e.pdf.
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13.40 Also, as mentioned in Chapter 7 56, a petition is referred to a select committee if no less than 20 Members rise to support such a request made by a Member immediately after the petition has been presented to the Council. The preparatory work for the select committee, if a petition is so referred, is undertaken in the same manner as that described in paragraph 13.38 above.57 Responsibilities and terms of reference of committees 13.41 The responsibilities of committees of the Legislative Council are provided for in the Rules of Procedure which are determined by the Council. A summary of the provisions relating to the functions and responsibilities of committees is provided at Appendix 13-A. 13.42 These responsibilities are sometimes referred to as the terms of reference of the committees. However, in the case of individual committees within a generic type, such as Panels, select committees and Bills Committees, each committee will have its own terms of reference. For example, Rule 77(2) of the Rules of Procedure specifically provides that the terms of reference of a Panel shall be recommended by the House Committee and approved by the Council although the responsibility of a Panel has been set out in Rule 77(3). Each Panel has a policy area(s) which corresponds with the portfolio of one or more Directors of Bureaux in the Government Secretariat. A change in the Government structure may therefore entail changes to the terms of reference of Panels. The House Committee provides a forum for such discussion. Since the first resolution to determine the terms of reference of the 18 Panels of the HKSAR Legislature was passed by the Council on 8 July 1998, 5 other resolutions have been passed in the Council to amend the terms of reference of some of the Panels. 58
56 Chapter 7, para. 7.57 – 7.59. 57 On 8 May 2013, Mr Dennis Kwok presented to the Council a petition in relation to the handling of duty
visits, official entertainment and gifts by Mr Timothy TONG while he was serving as Commission of the Independent Commission Against Corruption. At the meeting, 25 Members rose in support of Ms Cyd HO's proposal to refer the petition to a select committee. On 24 May 2013, the House Committee appointed a subcommittee to undertake preparatory work for the operation of the select committee, including drawing up the terms of reference to reflect the substance of the petition, the membership size and the nomination procedure in respect of the select committee. The subcommittee held one meeting and reported to the House Committee on 7 June 2013. Since then, the approach adopted by the subcommittee in undertaking preparatory work for the operation of select committees has been adopted by subsequent preparatory subcommittees.
58 The terms of reference of Panels were amended on 26 January 2000, 21 December 2000, 9 October 2002, 11 July 2007 and 3 July 2008.
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13.43 The same also applies to select committees. The substance of the terms of reference of a select committee is found in the resolution of the Council or in the petition that stands referred to it at a Council meeting under Rule 20(6) of the Rules of Procedure. The terms of reference provide a framework for the work to be undertaken by the select committee and allow Members to have a common understanding of the scope of its work when considering whether to support the appointment of, or referral to, a select committee. On occasions, if the proposal to set up a select committee comes from a Panel, the Panel may draw up the proposed terms of reference for the select committee and present its proposal to the House Committee for discussion.59 Where a resolution of the Council is required, the motion is usually moved by the chairman of the Panel or the subcommittee which has undertaken the preparatory work or the chairman of the House Committee if so decided by the House Committee. 13.44 In respect of Bills Committee, according to Rule 76(7) of the Rules of Procedure, the terms of reference of a Bills Committee are to consider the general merits and principles, and the detailed provisions of the bill allocated to it by the House Committee under Rule 75(4) of the Rules of Procedure. The Bills Committee may also consider relevant amendments. 60 Membership of committees Membership size 13.45 The membership size of committees varies according to the nature of the committees and their purposes. The Finance Committee, which is a standing committee vested with the power to approve changes to the estimates approved by the Council under the Public Finance Ordinance (Cap. 2), comprises all Members except the President. The House Committee, which provides a forum for Members to consider any matters relating to the business of the Council, also comprises all Members except the President. It is only in the case of those committees which are assigned with a specific responsibility
59 An example is the Panel on Housing's proposal to set up a select committee to inquire into the building
problems in the production of public housing units in November 2000. The draft motion was provided in its proposal and was accepted by the House Committee at its meeting on 5 January 2001. Another example is Panel on Home Affair's proposal to the House Committee on 20 February 2004 to set up a select committee to inquire into the incidents which had affected the credibility of the Equal Opportunities Commission and related issues. The proposed motion which provided the terms of reference of the select committee did not have the support of the House Committee.
60 Rule 76(7) of the Rules of Procedure.
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or task and are expected to report back to the Council on the progress or outcome of their work that a smaller number of members is stipulated in the Rules of Procedure, as in the following cases:
- Public Accounts Committee: a chairman, deputy chairman and 5 other Members appointed by the President in accordance with an election procedure determined by the House Committee; 61
- Committee on Members' Interests: a chairman, deputy chairman
and 5 other Members appointed by the President in accordance with an election procedure determined by the House Committee; 62
- Investigation Committee: a chairman, deputy chairman and 5 other
Members appointed by the President in accordance with an election procedure determined by the House Committee; 63
- Committee on Rules of Procedure: a chairman, deputy chairman
and 10 other Members appointed by the President in accordance with an election procedure determined by the House Committee; 64 and
- Committee on Access to the Legislature's Documents and Records:
the President (as chairman); the Chairman of House Committee (as deputy chairman), the Deputy Chairman of the House Committee and not more than 10 other Members elected at a House Committee meeting in such manner as the House Committee may determine. 65
13.46 There are other committees which perform specific functions stipulated in the Rules of Procedure where membership is open to any Member of the Council except the President. These committees are Panels, Bills Committees and their subcommittees as well as subcommittees of the House Committee and Finance Committee. Generally speaking, there is an understanding that any committee or subcommittee should not consist of less than 3 members including the chairman. However in the case of Panels, the minimum requirement is 6 members including the chairman. The minimum membership requirements for Bills Committees and Panels are set out in the
61 Rule 72(3) of the Rules of Procedure. 62 Rule 73(2) of the Rules of Procedure. 63 Rule 73A(1) of the Rules of Procedure. 64 Rule 74(2) of the Rules of Procedure. 65 Rule 74A(2) of the Rules of Procedure.
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Rules of Procedure 66 and in the House Rules 67. As a matter of practice the minimum requirement of no less than 3 members including the chairman also applies to subcommittees of the House Committee although this has not been formally provided for in the Rules of Procedure or House Rules. As the House Committee may determine the practice and procedure of its subcommittees 68 , it may decide on the membership size of any of its subcommittees.69 13.47 The question of whether there should be an upper limit on the membership size of Panels, Bills Committees and subcommittees of the House Committee has been raised from time to time at the House Committee and Committee on Rules of Procedure. It has been considered by some Members that a committee should not consist of so large a membership as to make deliberations unmanageable and a quorum difficult to obtain. However, there is also the concern that Members' discretion to join a committee, which is open to all Members, should not be restricted by the setting of a limit on the membership size. It is particularly important that those Members who do not belong to any major political parties or affiliations can also have the same opportunities to join any committees of their choice. 13.48 For a select committee undertaking an inquiry, the general practice has been that it should be made up of 11 to 15 members with the same membership serving on the select committee until it presents its final report to the Council. President not to take part in the work of committees 13.49 With the exception of the Committee on Access to the Legislature's Documents and Records ("CoA") and the committee of the whole Council both of which are chaired by the President himself, the President is not a member of any committees of the Council. This arrangement is to ensure impartiality on the part of the President who has to preside over meetings of the Council and, as Chairman, also meetings of the committee of the whole Council in an orderly, efficient and fair manner. As the President is not party to the deliberation of bills and other matters handled by committees, he is well
66 Rule 76(3) and Rule 77(8) of the Rules of Procedure. 67 Rule 21(b) and Rule 22(b) of the House Rules. 68 Rule 75(18) of the Rules of Procedure. 69 At the House Committee meeting on 10 October 2008, Members discussed the membership size of the
Parliamentary Liaison Subcommittee and considered that given the nature of the Subcommittee, it was not necessary to limit the membership size of the Subcommittee. On 17 October 2008, by a show of hands without the need for nomination and election, 10 Members joined the Subcommittee.
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positioned to rule on the admissibility of motions and amendments for consideration by the Council or committee of the whole Council with complete impartiality. The President has been made the ex officio chairman of CoA in order to recognize his role as President in regulating public access to documents and records laid before the Council under the Rules of Procedure. This is in line with common practices in overseas parliaments where the authority to review and determine matters relating to granting public access to closed parliamentary documents and records rests with the Speaker or the Clerk.70 Appointment of committee members by the President 13.50 Members of the Public Accounts Committee 71 , Committee on Members' Interests 72 , Committee on Rules of Procedure 73 , Investigation Committee 74 and select committees are appointed by the President. While the first 4 committees are to be appointed in accordance with an election procedure determined by the House Committee, there is no such requirement for appointing members of select committees. Under Rule 78(2) of the Rules of Procedure, the President decides the size of every select committee and appoints the chairman, deputy chairman and members taking into account the recommendations of the House Committee. 13.51 An election procedure was endorsed by the House Committee of the First Legislative Council on 6 July 1998 for making recommendations to the President on the Members to be appointed to the Public Accounts Committee, Committee on Members' Interests and the Committee on Rules of Procedure. The election procedure which has been revised and fine-tuned over the years is as follows:
(a) The nomination and election of Members to be appointed to
any one of these committees shall be conducted at a meeting of the House Committee, the date of which shall be appointed by the House Committee;
70 Report of the Committee on Rules of Procedure dated 14 March 2014 at http://www.legco.gov.hk/yr13-
14/english/procedur/reports/crop0319crop-53-e.pdf, para 10 and 14. 71 Rule 72(3) of the Rules of Procedure. 72 Rule 73(2) of the Rules of Procedure. 73 Rule 74(2) of the Rules of Procedure. 74 Rule 73A(1) of the Rules of Procedure.
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(b) A valid nomination shall be made orally by a Member, seconded by at least one other Member who should not be the Member being nominated, and accepted by the Member being nominated. A Member who nominates a Member who is absent from the meeting when the nomination is made may only do so if the former states that the absent Member's acceptance of the nomination has been secured;
(c) If the number of nominations exceeds that required for
appointment, a poll shall be taken and Members shall cast their votes by using the Electronic Voting System. A Member may vote for as many nominees as, but not more than, the number required for appointment. If a Member has voted for a number of nominees which exceeds the number required for appointment, none of the votes which the Member has cast will be counted. The nominees who get the highest numbers of votes will be declared elected;
(d) After election, the meeting of the House Committee shall be
suspended for 10 to 15 minutes to enable the elected members to elect their chairman and deputy chairman from amongst themselves; and
(e) The House Committee will then resume and be asked to
endorse the election results. The Chairman of the House Committee will then submit the names of the chairman, deputy chairman and other members to the President for his appointment.
13.52 Since the membership appointed to the Public Accounts Committee, Committee on Members' Interests and Committee on Rules of Procedure hold office for the entire term, the election is usually held at the third meeting of the House Committee in the term after the respective election procedure has been agreed to at the second meeting. 13.53 As regards select committees, the same procedure was adopted by the House Committee on 24 July 1998 for electing Members for nomination to the President for appointment as chairman, deputy chairman and members of a
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select committee75. Since then, the procedure for putting forward nominations to the President for appointment to select committees has been the same as that for the Public Accounts Committee, Committee on Members' Interests and the Committee on Rules of Procedure as described in paragraph 13.51 above.76 13.54 The election procedure for an Investigation Committee is however different from all these committees. The procedure was drawn up by a preparatory subcommittee appointed by the House Committee and approved at the meeting of the House Committee on 11 December 2009. The procedure, which is similar to the nomination procedure for the election of members of The Legislative Council Commission 77, is as follows:
(a) The election should be held at a meeting of the House Committee, the date of which should be appointed by the House Committee;
(b) Nominations are to be made in writing and delivered to the
Legislative Council Secretariat by the deadline for nomination before the election date. Where the number of nominations made in writing is less than seven, further nominations may be made orally at the House Committee meeting at which the election is conducted;
(c) Where the total number of valid nominations made in writing or orally is more than seven, a poll should be taken at the House Committee meeting by a show of hands to determine which of the Members should be nominated;
(d) In cases where a nominee would have been elected but for there
being one or more other nominees having been given the same number of votes (i.e. "tied votes"), a further round of poll should be taken to resolve the tied votes; and if there are still tied votes
75 Select Committee to Inquire into the Circumstances Leading to the Problems Surrounding the
Commencement of the Operation of the New Hong Kong International Airport at Chek Lap Kok since 6 July 1998 and Related Issues.
76 An example is the procedure endorsed by the House Committee at its meeting on 21 November 2008 for the nomination of Members for appointment by the President to the Select Committee to Inquire into Matters relating to the Post-service Work of Mr LEUNG Chin-man. Another example is the procedure endorsed by the House Committee at its meeting on 7 November 2014 for nominating Members for appointment by the President to the select committee to study the delay in the construction of the Hong Kong section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link.
77 See Appendix 4-A.
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after that further round, lots will be drawn by the chairman of the House Committee to determine which of the Members should be nominated;
(e) After the election of Members for appointment to the
investigation committee, the meeting of the House Committee should be suspended for 10 minutes to enable the elected Members to elect amongst themselves the chairman and deputy chairman of the investigation committee; and
(f) The President appoints the chairman, deputy chairman and five
members of the investigation committee in accordance with the election results.
Election of members to committees Committee on Access to the Legislature's Documents and Records 13.55 The composition and size of membership of the CoA are modelled on those of The Legislative Council Commission, i.e. the President who shall be the chairman, the chairman of the House Committee who shall be the deputy chairman, the deputy chairman of the House Committee and not more than 10 other members to be elected to CoA. This is to ensure that the membership of CoA is balanced and broadly representative of that of the Council. 13.56 At its meeting on 28 March 2014, the House Committee decided that the method of election to the CoA should be the same as that for electing the members of The Legislative Council Commission.78 Signification of membership Panels 13.57 The need to provide a procedure for signification of memberships is mentioned in the rules for Panels. Rule 77(4) of the Rules of Procedure provides that the members of a Panel shall be those members (other than the President) who signify membership in accordance with procedural rules
78 Details of the election procedure are in Appendix 4-A.
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(which shall provide only for the manner and timing of such signification) 79 decided by the House Committee. Pursuant to a similar provision in the Standing Orders of the pre-1997 Legislature, the House Committee of the pre- 1997 Legislature provided a procedure in the House Rules for Members to signify membership for the Panels they wished to join. This procedure was subsequently adopted by the First Legislative Council. On 4 October 2000, the House Committee adopted the standing arrangements for signification of Panel membership and advised that:
(a) All Members, except the President of the Council, shall be invited to signify membership for the Panels of their choice at the beginning of a new term. The deadline shall be noon on the Saturday immediately following the first Council meeting of the new term; and
(b) Members shall be given the opportunity to re-signify
membership for the Panels of their choice at the beginning of each of the subsequent sessions of the term. The deadline shall be noon on the Saturday immediately prior to the first Council meeting in each of the subsequent sessions of the term.
13.58 As most of the returns to signify membership are sent by fax, to ensure that there is no omission in the receipt of returns, the Legislative Council Secretariat usually provides a summary of the returns at the House Committee meeting held on the Friday immediately before the deadline for cross-checking by Members. 13.59 On 16 March 2001, the House Committee further clarified that membership of a Panel, once signified, last for a whole term unless the Member resigns from that Panel. Rule 22 of the House Rules 80 was amended to provide that for each of the remaining sessions of the term, a Member who wishes to join any Panel(s) in addition to those he has joined may do so by submission of a return to the Legislative Council Secretariat by noon on the Saturday immediately before the first Council meeting of that session and his membership of such additional Panel(s) shall take effect on the deadline for submission of return.
79 The words in brackets were inserted into Rule 77(4) of the Rules of procedure to reinforce the important
principle that Members should be free to join any Panels of their choice. The procedural rules relating to signification of membership decided by the House Committee should be limited to the manner and timing of signification.
80 Rule 22(c) of the House Rules.
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Subcommittees of the Finance Committee 13.60 The method of signification of Panel membership was adopted by the Finance Committee on 12 July 2002 for its two subcommittees, namely the Establishment Subcommittee and the Public Works Subcommittee.81 Prior to July 2002, the deadline for signifying membership was not less than seven days before the first meeting of the Subcommittee in the session, which was a long-standing arrangement when the two Subcommittees were still chaired by public officers. As the date of the first meeting of the term was subsequently determined by the Member who had the highest precedence in the Council, this Member was obliged to become a member of both Subcommittees in order that he could call the first meetings and preside over the election of the chairmen of the two Subcommittees, after which he could resign. The adoption of the Panel signification method has streamlined the process and removed this anomaly. Unlike Panels, the membership of the two Subcommittees is for a session; therefore a fresh exercise is conducted for each session. The deadline for signifying membership of the two Subcommittees is currently the same as that for Panels, i.e. by noon on the Saturday immediately following the first Council meeting of a new term and for the remaining sessions of the term, by noon on the Saturday immediately prior to the first Council meeting of each session.82 Bills Committees 13.61 Bills Committees may be formed at any time during a session. The procedure for joining a Bills Committee is provided in Rule 21(c) of the House Rules. Members may join a Bills Committee by a show of hands at the House Committee meeting at which a bill is allocated to that Bills Committee. The Member who has the highest precedence among these Members is responsible for calling the first meeting of the Bills Committee. Signification of membership by other Members is by the submission of a return to the Secretariat by the deadline set by the clerk to the Bills Committee, which is normally one clear day before the day of the first meeting of the Bills Committee. Subcommittees of the House Committee, Panels and Bills Committees 13.62 No formal procedure has been drawn up for the signification of
81 Finance Committee paper FCR(2002-03)36 approved on 12 July 2002. 82 Paragraph 3 of the Establishment Subcommittee Procedure; paragraph 4 of the Public Works Subcommittee
Procedure.
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membership of subcommittees. It is for the committee which appoints a subcommittee to determine the practice and procedure of the subcommittee. Generally speaking, the method of signification of membership for Bills Committees is followed, especially in the case of subcommittees on subsidiary legislation under the House Committee. The nature of work of these subcommittees is similar to that of Bills